NIPC Law

Audiencia Nacional, Madrid Author FDV   Licence  CC BY-SA 4.0   Source Wikipedia   Jane Lambert Patents Court (Mr Justice Marcus Smith)  Top Optimized Technologies SL and another v Vodafone Group Services Ltd and others [2021] EWHC 46 (Pat) (14 Jan 2021) This was an application by Vodafone Group Services Limited, Vodafone Group plc and Vodafone Limited ("Vodafone") to stay, either on jurisdictional grounds or for case management reasons, proceedings that had been brought against them by Top Optimized Technologies SL and TOT Power Control SL ("TOT") for patent infringement and other causes of action.  TOT had also brought proceedings against Vodaphone and Huawei in Madrid which Vodafone had challenged with some success on the ground that several causes of action were subject to agreements conferring exclusive jurisdiction on the English courts.  The proceedings that Vodaphone sought to stay were referred to as "the second UK proceedings" and the pr...

Fair, Reasonable and Non-Discriminatory Photographer T umi-1983   Jane Lambert Chancery Division (Mr Justice Mann)  Koninklijke Philips NV v Tinno Mobile Technology Corporation and others [2020] EWHC 2553 (Ch) (25 Sept 2020) This was an application and cross-application in a patent infringement case.  Koninklijke Philips NV ("Phillips") claimed that the TCL Corporation and four of its subsidiaries ("TCL") had infringed two of its patents in complying with an ETSI standard for 3G and 4G phones.  At first, TCL denied infringement, challenged the essentiality and validity of the patents and the jurisdiction of the court. Later it declared itself willing to take a licence on FRAND terms and applied to the French courts to determine them. Phillips tried unsuccessfully to persuade the French court to stay the proceedings in France to allow its claim in  England to proceed.  By a decision dated 6 Feb 2020 ( Ordonnance du Juge de la Mise en État ), the French pro...